I.D. DUA, J.

(1) THESE two appeals by special leave arise out of common judgment of the High Court of Madhya Pradesh which disposed of two criminal appeals by two rival factions belonging to two different villages situated at a small distance from each other which were involved in the occurrence in question, dated 4/02/1965.

(2) VILLAGE Siloda in Tehsil Sanwer, district Indore, was inhabited by Muslims but it was divided into two groups, the relations between whom were strained and differences rose to such a pitch that one group felt compelled to leave the village and shift to a new site for their residence. The new village formed by this group was called Naya Siloda. The original village Siloda was thereafter given the name of Juna Siloda. It appears that in spite of the departure of one group for Naya Siloda the differences between the two groups remained unresolved and the bitterness did not abate. The two villages virtually became inimical to each other. The animosity between the two villages was not confined to any specified individuals but the entire population of each village considered itself as the enemy of the entire population of the other.

(3) THE i